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(영문) 대전지방법원 서산지원 2021.03.04 2020고단1459

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 8, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court on April 8, 2010, and a summary order of KRW 1.5 million for the same crime in the same court on June 9, 2017, respectively.

On October 26, 2020, the Defendant driven a knife car at a section of about 2 km from the section of approximately 2km to E in front of the west-gun in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, under the influence of alcohol content of 0.135% during blood transfusion around 22:05.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification of suspect drinking records);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'